Two Jobs

An attorney who had accepted employment at two law firms has been suspended for a year and a day by the Virginia State Bar Disciplinary Board.

In July 2022, Respondent interviewed with Edwin Ferguson (“Ferguson”) and Frank Rawls (“Rawls”) for an attorne position at Ferguson, Rawls, & Raines, PC (“FR&R”).

Later that summer, Respondent met with Tina Babcock (“Babcock”) to discuss an attorney position at Babcock & Moore, PLC (“B&M”). Respondent later interviewed with Babcock, Sally Moore (“Moore”), and B&M’s administrator, Shannon McManus (“McManus”).

On or about August 8, 2022, B&M offered Respondent a full-time salaried position. Respondent accepted and began employment on September 12, 2022.

Notwithstanding her acceptance of the position with B&M, Respondent accepted an attorney position at FR&R in late August 2022 with a start date of September 6, 2022. Respondent’s pay was commission-based.

According to the consent disposition, Respondent “failed to disclose to any supervisor or employee at either firm that she maintained simultaneous employment.”

On November 22, 2022, Respondent completed a malpractice insurance form for FR&R. In response to question six, “In addition to your professional services to or on behalf of the Named Insured, are you engaged in the practice of law for any other law firm and/or entity?”, Respondent wrote, “I’m currently finishing up a few cases with a prior firm.” However, Respondent failed to inform anyone at FR&R that she was currently employed at B&M.

On January 5, 2023, Respondent emailed her updated resume, as requested, to Babcock, McManus, and Ann Sullivan (“Sullivan”). Respondent’s employment at FR&R was not on her resume.

The conduct was discovered after a paralegal at B & M tried to create a LexisNexis account for Respondent and was informed she had an active account at the other firm.

An attorney at B & M found negative online reviews and spoke to Respondent about them. A web search then found the other employment listed.

On February 28, 2023, Moore called Respondent to discuss negative online reviews that Moore had read the night before. Respondent asked where Moore had found the reviews. Moore searched online again in an attempt to find them. That search revealed Respondent’s profile on the website of FR&R. Moore asked Respondent about her employment at FR&R. Respondent asserted that she had done work with FR&R part-time on nights and weekends while employed at a prior firm. Moore later texted Respondent and asked if Respondent knew FR&R still had Respondent on their website. Respondent told Moore that the FR&R was not tech savvy and that she would ask FR&R to remove her profile.

McManus called the phone number and found Respondent on voice mail at the other firm. A subsequent call to a receptionist confirmed her employment.

Later that morning, McManus called the phone number for FR&R and listened to the automated greeting, which indicated the caller could press four to reach Respondent. McManus reached the voicemail for Respondent, recorded by Respondent. McManus called the phone number for FR&R again and spoke to a receptionist, who confirmed that Respondent currently worked at FR&R.

When confronted by the firm, Respondent admitted she worked nights and weekends at the other firm and “did not believe it was an issue.” 

She was then terminated.

Respondent told the Virginia bar investigators that the firms were aware of the dual employment; both firms denied such knowledge. (Mike Frisch)